Kirsch.com is a private, copyrighted site and intended solely for personal use.

CATEGORIES OF INFORMATION

Information about you can be categorized as (a) personally identifiable information, or (b) non-personally identifiable information. “Personally identifiable information” is information that we collect from you such as your name, postal address, phone number, fax number and email address. “Non-personally identifiable information” is information that we collect from you that does not include your name or any information that would allow us to contact you.

HOW WE USE AND DISCLOSE INFORMATION

Some of the ways in which we use your personally identifiable information may include using it to fulfill your orders, to provide you with information that you may request and to customize your web site experience. If, at the point where you give us personally identifiable information, a box is checked indicating that you would like to receive information about special offers and promotions, then will also use such personally identifiable information to send you information that we believe might be of interest to you. It is important for you to understand that we use contractors (e.g., delivery services) to help us operate our business. We do, however, require that our contractors agree to not disclose personally identifiable information or use it other than as necessary to perform their services for us. Because we care about your privacy, we will not give your personally identifiable information to other marketers or retailers for them to use to contact you about offers or promotions of their own unless a box is checked indicating that we may do so at the point where you give us such personally identifiable information. As a responsible company, we believe obeying the law is important. Therefore, we may disclose personally identifiable information in order to comply with a subpoena or court order or when we are otherwise required to do so by law. We may also disclose personally identifiable information in cooperation with a law enforcement or government request. It is important for you to understand that the above policies and restrictions do not apply to our use or disclosure of your non-personally identifiable information. By using our web site, you understand and agree that we may compile and freely use and disclose non-personally identifiable information. Examples of how we use and disclose non-personally identifiable information include measuring and analyzing site usage, system administration, improving our site and providing it to third-party consultants, clients, advertisers, vendors and researchers.

HOW WE COLLECT INFORMATION

We collect personally identifiable information from you by “active” means, in other words, when you actively give us the information. Examples of this include when you order products, fill out online site registration forms, request that we send you information, newsletters or catalogs, or respond to our surveys or other requests for visitor responses. Like many other commercial web sites, we collect non-personally identifiable information from you by “passive” means, in other words, by tracking your use of the site, often through the use of cookies. That information includes, among other things, the type of computer operating system and web browser that are being used and the domain name of your internet service provider, as well as some of the information described below. This information helps us to interact with visitors to our site.

COOKIES

A cookie is a small data file that is placed on your computer’s hard drive that may contain information (such as a unique user ID) that a web site may use to track certain things. We use cookies in order to improve your web site visit. The cookie helps us track the pages of our site that you visit, tells us whether you have been to our site before and tells us which web site you visited immediately before visiting our site, but does not tell us about your use of any other web sites. The cookie does not tell us who you are or how to contact you, unless you have submitted personally identifiable information to us through active means. You can keep us from using cookies by turning them off in your browser. However, if you turn off your cookies, certain parts of our web site may not function.

COLLECTION OF INFORMATION BY THIRD PARTIES VIA LINKS

Our site contains links to other sites, including, among others, those of some of our customers. Those other sites may have privacy policies that may be different from ours. Visitors using such links should consult the privacy notices associated with those links. Please keep in mind that whenever you give out personal information online – for example, via message boards or chat rooms – that information can be collected, intercepted and used by people you do not know. Our policies do not extend to anything that is inherent in the operation of the internet, and therefore beyond our control. We take no responsibility for information collected by third parties.

Protecting your order information is important to us. We use the industry standard Secret Sockets Layer (SSL) technology to protect the security of your online order information. SSL encryption is a method by which information in encrypted while being transmitted over the internet. To check the security of your connection, look for a key or lock icon in your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active. You can also double-check by looking at the URL line of your browser. When accessing a secure browser, the first characters of the site address should change from “http” to “https.” Some versions of browsers and some firewalls don’t permit communication through secure servers. In that case, you won’t be able to connect to the server and therefore won’t be able to place an order through a non-secure connection. While no method is completely impenetrable, SSL is one of the state-of-the-art encryption technologies used in e-commerce today. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your personal information, we cannot entirely ensure or warrant the security of any information you transmit to us.

YOUR ACCEPTANCE OF THESE TERMS

By using this site, you indicate your agreement to this Privacy Policy. If you do not agree with this Privacy Policy then do not use this site. Your continued use of this site following any changes to this privacy policy constitute your acceptance of such changes.

TERMS OF USE

Welcome to www.kirsch.com, a website managed and maintained by Kirsch, Inc. (Kirsch). If you visit kirsch.com you accept the terms and conditions set forth herein (“Terms of Use”). Kirsch operates this site to provide individuals residing in the United States and Canada (the “Territory”) with online access to information about the products and services we provide in the Territory. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement” and govern your use of this site.

Kirsch reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

USE OF SITE

You may use this site, information, writings, images and/or other data that you experience on the site, referred to as “Content”, solely for non-commercial, personal purposes and/or to learn about Kirsch products and services. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. Kirsch retains complete title and full intellectual property rights in and for all Content. You may not use, modify, copy, distribute, transmit, or derive another work from any Content obtained from the site except as expressly permitted by these Terms of Use. Additionally, no right, title or interest in any Content is transferred to you as a result of using the site.

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Kirsch or its partners, affiliates, contributors or third parties. Copyrights associated with specific Content are owned by Kirsch and/or other copyright owners who have authorized their use on the site. You may download and reprint Content for non-commercial, non-public, personal use only.

TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the site without permission from the trademark owner, except as permitted by applicable law.

LINKS TO THIRD-PARTY WEB SITES

From time to time, Kirsch may provide links to third-party web sites. This information is provided solely as a convenience to you. If you use third-party links you will leave the site and be subject to the terms of use and privacy policy applicable on those web sites. Kirsch does not control the third-party sites and therefore we are not responsible for the content of any third-party web site or any link contained in any third-party web site. By using the site to link to another web site, you agree and understand that you may not make any claim against Kirsch for any damages or losses resulting from your use of the site to link to a third-party web site.

LINKS FROM THIRD-PARTY WEB SITES

Kirsch prohibits unauthorized links to the site and the framing of any information contained on the site or any portion of the site. Kirsch reserves the right to disable any unauthorized links or frames. Kirsch has no responsibility or liability for any material on other web sites that may contain links to this site.

USER CONDUCT

You agree to use the site for lawful purposes. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You additionally agree not to use the site in any way that might interfere with the rights of other users or third parties.

USER-SUPPLIED INFORMATION

If you supply or post any “non-personally identifiable” (as defined in our Privacy Policy) information or material to the site, you guarantee to Kirsch that you have the legal right to post such material and that it does not violate any law or the rights of any person or entity. For any information you do send, post or submit to the site, you hereby grant Kirsch an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the same, and agree that Kirsch is free to use any ideas, concepts, know-how or techniques that you send Kirsch for any purpose whatsoever without compensation to you or any other person sending such information, and you represent and warrant that you own or otherwise control all of the rights to such information and that public posting and use of your content by Kirsch will not infringe or violate the rights of any third party. Any “personally identifiable” information that you submit to us shall be treated in accordance with our Privacy Policy.

PRODUCT DISPLAY/COLOR

The site attempts to display product images shown as accurately as possible. However, we cannot guarantee that the color you see identically matches the product color because the display of the color depends, in part, upon the computer monitor you are using.

DISCLAIMER AND LIMITATION OF WARRANTY

Kirsch makes no express or implied warranties, representations or endorsements whatsoever with respect to the site or the content. Kirsch expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the content, and any product furnished or to be furnished via the site. Kirsch does not warrant that the functions performed by the site will be uninterrupted, timely, secure or error-free, or that defects in the site will be corrected. Kirsch does not warrant that this site, its servers, or e-mail sent from Kirsch are free of viruses or other harmful components. Kirsch does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. This site, and the content are provided on an “as is” and “as available” basis. If you are dissatisfied with the site, the service, the content, or with the terms of use your sole and exclusive remedy is to discontinue using the site. Kirsch, nor its affiliates, shall be liable for consequential, punitive, special, exemplary or incidental damages. Your exclusive remedy for product claims (including breach of warranty, negligence and strict liability) is limited to the repair or replacement of the products that are the subject of the claim or repayment of the purchase price paid for the products that are subject of the claim; provided, however, that the availability of such remedy(ies) may be limited by the terms of the applicable product warranty and the determination of whether to repair, replace, or repay the purchase price will be made by Kirsch, in its sole discretion subject to the terms of the applicable product warranty.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, Kirsch’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend or hold harmless Kirsch, its affiliated companies, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your use, misuse, or inability to use the site or the Content, or any violation by you of this Agreement.

GOVERNING LAW; USE RESTRICTIONS

This Site is administered by Kirsch from its offices in Georgia. This site is intended to provide individuals residing in the Territory with online access to information about the products and services that Kirsch provides in the Territory. Kirsch makes no representation that materials on the Site are appropriate or available for use outside the Territory, and access to them from territories where their contents are illegal is prohibited. Kirsch does not sell product outside of the Territory. Consumers outside of the Territory (i.e. the United States and Canada) should not provide contact/personal information to the site. User access to the site is governed by all applicable federal, state and local laws. All information available on the site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You may not use or export or reexport the materials on the site, or any copy or adaptation thereof, in violation of any applicable laws and regulations in the Territory. The laws of the State of Georgia shall govern these Terms of Use and all matters relating to your access to, or use of, the site and you irrevocably consent to jurisdiction and venue therein.